Practice of the Appeal Board of the Federal Antimonopoly Service (Russia) (Scientific review of the most significant cases examined in the fourth quarter of 2019)

Abstract

Ratio of regional antimonopoly`s decisions appealed under collegial body of the Federal antimonopoly service related to the establishment of the facts of the conclusion of prohibited competition-restricting agreements exceeds the part of the other decisions.

In most cases, this is related to the issues of proving the arrangement and implementation of competition-restricting agreement, because not always certain circumstances can clearly indicate the fact of conclusion of such agreement.

The most interesting are the cases of «bid rigging» cartels, which are prohibited by paragraph 2 of the part 1 of article 11 of the Federal law "On protection of competition" (hereinafter — the Law on protection of competition). Establishing that competitionrestricting agreements in each case, all collected in the case on violation of Antimonopoly legislation of the evidence to be assessed, without which it is impossible to make an informed decision on the case, and defendants in cases usually do not agree with the competition authority of certain evidence as proof of anti-competitive agreements.